The right to freedom of literary, artistic, scientific and technical creativity

Abstract

The article is devoted to current issues related to the content of the right to freedom of creativity. Relevant legislative provisions and positions expressed in the scientific literature are analyzed.
 It is substantiated that the right to freedom of creativity has a civil nature, but the relevant provision of the Constitution of Ukraine gives this right a fundamental meaning. It is established that the right to freedom of creativity belongs to the group of personal inalienable rights that ensure social existence, while the universal right to freedom is a right that ensures the natural existence of man. It is proved that the right to freedom of creativity arises in a person by virtue of his birth and does not require certain actions related to the acquisition of this right in the manner and under the conditions prescribed by law. It has been established that the right to freedom of creativity is initially deprived of economic meaning, as well as any other personal non-property right, because the right to create is not tied to the property status of the person. It is proved that as a result of exercising the right to freedom of creativity there is a unique and original result, which can belong to different types of creativity. It was established that the law distinguished between several types of creativity, including literary and artistic creativity, the results of which are protected by copyright, and scientific and technical creativity, while scientific creativity can be protected either as a separate artwork or in combination with technical creativity. It is proved that creativity can be divided into two main types: spiritual and scientific and technical creativity. It is substantiated that the development of scientific and technical creativity determines scientific and technological progress, which is an integral part of the development of modern society. It is established that an individual has the right to freely choose the spheres, content and forms (methods, techniques) of creativity, and this right is not subject to censorship, at the same time criticism of the results of creative activity is allowed.